Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6 and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California's consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple's employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.

As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.

The complaint, lodged by California law firm McCuneWright, LLP, seeks an order that requires Apple to repair, recall, and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. The plaintiffs also seek unspecified damages. A jury trial has been demanded.

The lawsuit cites repair website iFixit, which last week shared a blog post and video about the defect, nicknamed "touch disease." The defect presents as a gray flickering bar at the top of the screen and a display that's unresponsive or less responsive to touch. The problem is said to be caused by the touchscreen controller chips soldered to the iPhone's logic board losing contact after a period of normal usage.


The complaint specifically claims that Apple's failure to incorporate a "metal shield" or "underfill" over the logic board, as it did with the iPhone 5s and iPhone 5c respectively, makes the iPhone 6 and 6 Plus "substantially less durable to foreseeable and reasonable use by consumers and ultimately causes the touchscreen defect."

iPhone-5s-metal-shield
iFixit said the defect has affected a growing number of iPhone 6 and iPhone 6 Plus owners, citing its own repair shop colleagues and dozens of complaints on the Apple Support Communities. Multiple customers who brought their iPhones to Apple Stores were told that Apple doesn't recognize it as an issue and nothing could be done as their iPhones were no longer covered by warranty.

Update: Those that wish to join the class action lawsuit can contact law firm McCuneWright LLP.

Tag: lawsuit
Related Forum: iPhone

Top Rated Comments

A7ibaba Avatar
63 months ago
"Apple doesn't recognize it as an issue". Now it will recognize for sure
Score: 16 Votes (Like | Disagree)
BootsWalking Avatar
63 months ago
Once again Apple must be forced into doing the right thing by its customers and cover this manufacturing/design defect for longer than the original stated warranty. It doesn't have to be this way Apple.
Score: 16 Votes (Like | Disagree)
sracer Avatar
63 months ago
Yes lets join in, pad the pockets of the lawyers, and get nothing ourselves.

I am sure there are plenty of people who Apple has helped, but we won't hear about it. It's nothing about media. In tech, compliments are rare, but when people feel shorted our culture appears to reward more for complaining.

Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty. Granted, it would be poor for Apple to expect customers to foot the bill for such an expensive phone that isn't even 2 years old yet. Perhaps the iPhone 7 will have a 2 year base warranty?

We can only hope.
It's escalating quickly. In less than a week we've gone from #8 to #12. For those who are experiencing the problem hang in there... Apple should be admitting to it (#13) and offering a solution soon.


Here's the typical cycle for problems reported on Apple products:
1. A few members post reports of the problem, report it to Apple
2. No response from Apple
3. Increased number of people report the issue
4. No response from Apple
5. Apple apologists dismiss the reports as very rare, the result of trolling, or exaggeration by drama queens
6. Even more reports of the problem
7. No response from Apple
8. News of the problem hits blogs
9. Apple apologists dismiss the blogs as simply engaging in clickbait
10. No response from Apple
11. Those affected by the issue threaten a class-action lawsuit
12. Apple apologists decry the "sue happy" nature of American consumers
13. Apple acknowledges the legitimacy of the problem
14. Apple apologists are silent
15. Apple release an update to correct the problem
or
15a. They set up a "program" to address the problem.
16. Apple gains some positive publicity
17. Apple apologists applaud Apple for doing the "right thing". (for an issue that they said from day-1 was not actually an issue)
18. First hand experience with the “program” reveals very strict guidelines and restrictions that greatly reduce the number of affected customers that can participate in the program.
Score: 16 Votes (Like | Disagree)
ACG12 Avatar
63 months ago
Good. When you spend $1000 on a phone, it should last more than 1 year and 10 months.
Score: 14 Votes (Like | Disagree)
Cole Slaw Avatar
63 months ago
They took some engineering shortcuts here; they should make it right. And by right I don't mean a refurb replacement as those suffer the same defect.
Score: 13 Votes (Like | Disagree)
ValPower Avatar
63 months ago
Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty.
People are expecting it to not fail catastrophically and irreparably after 2 years of normal use. They are expecting that it's performance would diminish gradually so they could either continue to use it for a little bit longer or sell it back for more than zero dollars to buy the latest, expensive, unsubsidized model in the wash-rinse-and-repeat cycle that keeps Apple making money.

A replacement that addressed the design issue or a trade-in credit equal to the phone's value had it NOT had the design issue would be a start.
Score: 10 Votes (Like | Disagree)

Top Stories

macbook air orange

Apple Developing a Whole New Kind of MacBook Air

Monday June 21, 2021 2:15 am PDT by
Apple is believed to be working on a completely new, high-end version of the MacBook Air, according to recent reports. Bloomberg's Mark Gurman, who often reveals accurate insights into Apple's plans, has repeatedly discussed the company's work on a high-end MacBook Air. Apple analyst Ming-Chi Kuo and leaker Jon Prosser have also referred to a similar MacBook Air model. The high-end...
iOS 15 Users Underwhelmed Feature

Users Underwhelmed by iOS 15 and iPadOS 15, Survey Suggests

Monday June 21, 2021 7:17 am PDT by
Users appear to be underwhelmed by Apple's upcoming iOS 15 and iPadOS 15 updates, according to the findings of a new survey by SellCell. The survey asked 3,000 iPhone and iPad users, evenly split between men and women, aged 18 or over in the United States, what they thought of iOS 15, iPadOS 15, and the naming of the upcoming iPhone 13 lineup. Over 50 percent of all of the survey's...
purple iphone 12 and 12 mini

iPhone 12 Mini Production Reportedly Ended Earlier Than Expected Due to Relatively Low Sales

Monday June 21, 2021 7:07 am PDT by
Following widespread reports that the iPhone 12 mini has experienced poor sales performance, at least relative to other iPhone 12 models, Taiwanese research firm TrendForce today claimed that production of the device has already ended. According to TrendForce, the iPhone 12 mini "reached End-of-Life ahead of time" during the second quarter of 2021, suggesting that Apple will focus on selling ...
Dark Sky App Featured

Apple Updates Dark Sky Weather App With Apple Watch Improvements and More

Tuesday June 22, 2021 11:58 am PDT by
Apple today updated the Dark Sky weather app for the first time since November with improved VoiceOver support and other bug fixes and performance improvements. In addition, Dark Sky complications on the Apple Watch now update more frequently. The full release notes for Dark Sky version 6.8.6:• Improved VoiceOver support • Complications on Apple Watch update more frequently •...
iPhone 12 v Android 2020

Apple Executive Says Users Who Want App Sideloading Already Have That Option With Other Platforms

Wednesday June 23, 2021 5:07 am PDT by
Apple earlier today published a detailed report outlining in blatant terms the negative impact that sideloading would have on the iPhone and iPad, specifically calling out the impacts it would have on user privacy and security. Now, the company is continuing its PR push, with an executive noting in an interview that users who wish to sideload apps already have that option thanks to other...
iOS Spam Calendar Feature

iCloud Users Continue to Be Plagued by Calendar Spam

Monday June 21, 2021 8:51 am PDT by
Despite previous attempts to put the situation at rest, some iCloud users continue to experience spam calendar invitations, causing their calendars to be filled with random events. The situation received widespread coverage in 2016, where Apple said that it was "actively working to address this issue" by "identifying and blocking suspicious senders." Victims are targeted in various ways. The ...
primeday2020 feature3

Amazon Prime Day: The Best Apple Deals

Monday June 21, 2021 6:15 am PDT by
Amazon's annual Prime Day event has officially kicked off today, beginning 48 hours of discounts, offers, and tons of savings across Amazon's storefront. This includes everything from home electronics to clothing, jewelry, video games, movies, and much more. Note: MacRumors is an affiliate partner with these vendors. When you click a link and make a purchase, we may receive a small payment,...
ios wifi settings

iOS Bug Causes Specific Network Name to Disable Wi-Fi on iPhones

Sunday June 20, 2021 4:15 am PDT by
A wireless network naming bug has been discovered in iOS that effectively disables an iPhone's ability to connect to Wi-Fi. Security researcher Carl Schou found that after joining a Wi-Fi network with the name "%p%s%s%s%s%n" his iPhone's Wi-Fi functionality was left "permanently disabled." Changing a hotspot's SSID did nothing to correct the problem, with even a reboot failing to make a...
iphone 13 lineup dummy models

iPhone 13 Dummy Models Depict Repositioned Camera Modules

Wednesday June 23, 2021 4:12 am PDT by
New alleged dummy models of the upcoming iPhone 13, shared by leaker Sonny Dickson on Twitter, depict a modified camera layout on the standard iPhone 13 and iPhone 13 mini, with two lenses in a diagonal arrangement rather than the vertical arrangement seen on the iPhone 12 models. The dummy models generally line up with iPhone 13 schematics previously seen by MacRumors, which showed that the ...
iphone 13 yellow

TrendForce: iPhone 13 Lineup Will Remain Limited to Maximum 512GB of Storage

Monday June 21, 2021 6:33 am PDT by
Apple will likely unveil its next-generation "iPhone 12s" or "iPhone 13" lineup in around two and a half months from now, and ahead of time, Taiwanese research firm TrendForce has outlined its expectations for the devices. A summary of TrendForce's expectations:Apple will unveil four new iPhones in September, including a mini model, a standard model, and two Pro models. September is the...